Capewell v HM Customs & Excise & Anor

Capewell v HM Customs & Excise & Anor

The court has discretion under CPR 69.7(2) to order that Customs, rather than the appellant's assets, should bear the receiver's remuneration from 1st June 2004. The receiver's expenses, however, must be met from the appellant's assets as the rule does not extend to expenses. No order as to costs between Capewell and Customs before Lindsay J; Customs to pay the receiver's costs. On appeal, Customs to pay 50% of Capewell's costs and all of the receiver's costs.

Parties
Appellant: Robert Capewell; Respondent: Commissioners for HM Customs & Excise & Anr
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From Queen's Bench Division (administrative)
Outcome
Appeal allowed in part; orders as to costs and remuneration varied
Legal Topics
Receivership, Costs, Remuneration of Receivers, Discretion of Court, Interpretation of CPR 69.7
Civil Procedure Criminal Law Receivership Costs Remuneration of Receivers Discretion of Court Interpretation of CPR 69.7

Case Brief

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Parties

Robert Capewell

Appellant

Commissioners for HM Customs & Excise & Anr

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Queen's Bench Division (administrative)

Legal Issues

  1. 1 Whether the court has discretion under CPR 69.7(2) to determine who should bear the costs and remuneration of a receiver appointed under the Criminal Justice Act 1988
  2. 2 Whether the receiver's remuneration and expenses after 1st June 2004 should be paid from the appellant's assets or by Customs
  3. 3 Appropriate orders as to costs before Lindsay J and on appeal

Ratio Decidendi

The court has discretion under CPR 69.7(2) to order that Customs, rather than the appellant's assets, should bear the receiver's remuneration from 1st June 2004. The receiver's expenses, however, must be met from the appellant's assets as the rule does not extend to expenses. No order as to costs between Capewell and Customs before Lindsay J; Customs to pay the receiver's costs. On appeal, Customs to pay 50% of Capewell's costs and all of the receiver's costs.

Court Disposition

Appeal allowed in part; orders as to costs and remuneration varied

Orders

  • No order for costs as between Capewell and Customs before Lindsay J; Customs to pay the receiver's costs as assessed by Lindsay J
  • On appeal, Customs to pay 50% of Capewell's costs and all of the receiver's costs (to be assessed if not agreed)